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Full-Text Articles in Law
Decedents' Estates, Trusts And Future Interests -- 1963 Tennessee Survey, Herman L. Trautman
Decedents' Estates, Trusts And Future Interests -- 1963 Tennessee Survey, Herman L. Trautman
Vanderbilt Law Review
Three interesting cases represent significant developments in the laws concerning the distribution of amounts received by the administrator in wrongful death actions, two' of which arose under the Tennessee wrongful death statute and the other arising under the Federal Employers' Liability Act. The two cases arising under the Tennessee statute were problems of somewhat first impression,reasoned upon analogy, and the case arising under the federal statute resulted in the Tennessee Supreme Court overruling its prior decision.
Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile
Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile
Journal Articles
Examining the Texas case Wilson v. Smith, 373 S.W. 2d 514 (Tex. Civ. App. 1963), which invalidated a testamentary trust. The trust provided for the establishment of a clinic-hospital which would apply the methods of nutrition, blood chemistry, radionics and other types of non-medical healing. The court addressed a conflict of laws issue and ultimately invalidated the trust on public policy grounds.
Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach
Surviving Spouse's Distributive Share Of Amendable Trusts, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Purcell v. Cleveland Trust Co., 200 N.E.2d 602, 28 Ohio Op. 2d 262 (P. Ct. 1964). Approximately three years before her death in 1960, plaintiff's wife created an amendable and revocable inter vivos trust, naming defendant as trustee. The formally drawn instrument provided for pour-over from her simultaneously executed will, however, a specific bequest to the trust was apparently never made. After his wife's death, plaintiff, choosing to exercise his statutory prerogative of taking against his wife's will: demanded that defendant trustee pay over to h i from the corpus of the inter vivos trust the one-half share which he …